Goliad County became the second Texas county to adopt a local ordinance that bans abortion while enshrining legal protections for women who receive or seek abortions.
Mitchell County was the first Texas county to pass a similar “Sanctuary County for the Unborn” ordinance, as reported by The Dallas Express.
Goliad County’s ordinance prohibits performing elective abortions, aiding or abetting elective abortions, and “abortion trafficking.”
“It is the policy of Goliad County to protect its unborn residents in the unincorporated area of our county from individuals and organizations that aid or abet the killing of unborn children, and protect the unborn from those who seek to kill or otherwise harm them,” the ordinance reads.
The measure explicitly makes it “unlawful for any person to knowingly perform an elective abortion … on a resident of the unincorporated area of Goliad County, regardless of the location of the abortion, regardless of the law in the jurisdiction where the abortion occurred, and regardless of whether the person knew or should have known that the abortion was performed or induced on a resident of the unincorporated area of Goliad County.”
Not only is performing an elective abortion now illegal in Goliad County, but so is facilitating one. The ordinance prohibits “abortion trafficking,” making it “unlawful for any person to knowingly transport any individual for the purpose of providing or obtaining an elective abortion, regardless of where the elective abortion will occur” as long as the activity “begins, ends, or passes through the unincorporated area of Goliad County.”
The provision makes it illegal to use sections of U.S. Route 59, U.S. Route 119, U.S. Route 183, U.S. Route 239, and any other road that goes through Goliad County for “abortion trafficking.”
County commissioners passed the ordinance unanimously on August 28 after it was placed on the agenda by County Judge Mike Bennett.
“Goliad County Commissioners Court passed an ordinance that designated Goliad County as a sanctuary County for the unborn,” Bennett said in a statement. “We as a court believe that all have the right to life and pledge that we will stand firm for that right. I encourage every county in Texas to join us in the effort to protect the unborn.”
The ordinance allows citizens to file civil lawsuits against any party that violates the measure. However, mothers are explicitly protected from such suits. Those who aid in performing or facilitating an abortion can be liable, but mothers themselves cannot, per the ordinance.
“Under no circumstance may the mother of the unborn child that has been aborted, or the pregnant woman who seeks to abort her unborn child, be subject to prosecution or penalty or civil liability,” the ordinance reads.
Prior to adopting the ordinance, the Goliad County Commissioners Court received a letter from several Texas legislators, according to the Texas Scorecard. The lawmakers encouraged the adoption of anti-abortion trafficking ordinances:
“While it is true that abortion is outlawed in the entire State of Texas, from the point of conception, our work is far from over. Right now, throughout the State of Texas, women are being trafficked across our borders by abortion traffickers funded by abortion trafficking organizations still operating in our state. As a result, these women are being abused and traumatized by abortion across our Texas-New Mexico border and sent back to Texas for our cities and counties to deal with the aftermath taking place in our homes, our schools, our churches, and our hospitals.
“The Sanctuary for the Unborn ordinances seek to protect these institutions by putting safeguards in place to protect men, women, and their children for years to come. These ordinances, which seek to close as many loopholes as possible, do not penalize women who seek or undergo abortions, but places the penalty on the party who most deserves it — the abortionist and the industry profiting from the unjust procedure, including abortion traffickers.”
The letter was dated August 21, 2023, and signed by a dozen state lawmakers, as reported by Texas Scorecard. More reportedly added their names to the call following the letter’s publication.
The “Sanctuary Cities for the Unborn” initiative has seen four counties and 67 cities nationwide pass anti-abortion measures. On the same day that Goliad County commissioners approved their ordinance, commissioners in Mason County, Texas, voted unanimously to place a similar measure on the agenda for their next meeting.
While people championing “Sanctuary for the Unborn” laws are rhetorically linking abortion with human trafficking, pro-abortion activists are telling a different story.
“Anti-abortion legislators are trying to exert the same kind of control over young people’s bodies that actual trafficking depends on,” claimed Aisha Mays and Dr. Subasri Narasimhan in an article in Ms. Magazine. Mays is a clinical researcher whose work centers on “reproductive justice for adolescents, including sexually trafficked youth.” Narasimhan is a professor of sexual and reproductive health.
“Equating abortion-seeking to ‘trafficking’ undermines the brutal and inhumane realities that youth trafficking survivors endure,” they alleged.
The City of Dallas has taken a stance against anti-abortion measures. As previously reported by The Dallas Express, the Dallas City Council voted in February to commemorate the 50th anniversary of Roe v. Wade and affirm the City’s support for “abortion rights.”
The City’s resolution claims that “abortion is one of the safest medical procedures in the country” and that “someone who wants to get an abortion but is denied is more likely to experience life-threatening maternal and infant health complications.”
